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Your neighbor can take your yard by simply planting a tree next to the fence


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2018 Apr 27, 12:14pm   3,604 views  22 comments

by tovarichpeter   ➕follow (6)   💰tip   ignore  

https://www.wolfflaw.com/court-awards-double-damages-in-boundary-line-tree-dispute-betwee.html

CA courts have ruled that if your neighbor plants a tree next to a fence you share, you cannot cut the branch even if it prevents you from building an addition, putting in a pool or swing set for your kids, without first obtaining consent (e.g. paying off) your neighbor. If the the trunk of the tree encroaches on your property and destroys your fence, that tree, and that property it it expands now belongs jointly to your neighbor although you alone will be responsible for paying the property taxes and should the branch or tree fall and cause damage or injury, you will be jointly responsible for paying any damages.

So, if you don’t like your neighbor, just plant (preferably fast growing) trees along your fence line and you will soon have them at your mercy. This is all now perfectly legal, there is nothing anyone can do to stop you. Btw, if you are thinking of buying a house, this little fact is not mentioned in any of the so-called disclosure documents.

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1   HeadSet   2018 Apr 27, 1:04pm  

Plant a sweet gum. Trim the branches on your side so the spike ball dropping branches expand over the neighbors yard.

The Devil made the sweet gum when God was not looking. This tree is very fast growing, drops hundreds of golf ball sized spike balls all over the yard, and has a wood grain that grows in a spiral. That spiral makes it unusable for construction and even makes it hard to split for firewood.
2   SunnyvaleCA   2018 Apr 27, 1:50pm  

APOCALYPSEFUCKisShostikovitch says
Plant sweet gums and shackle IHLs to them with long chains

OK, I give up. What's an "IHL"? Institution of Higher Learning? International Hockey League?

Anyway, my whole street has sweet gums between the sidewalk and street. They are now 50+ years old and pushing up the sidewalk, breaking into the sewage system, and dropping the spiky balls like crazy. The spiky balls are truly horrible. Also, since these are "city" trees, so I'm not allowed to cut mine down.

As far as neighbor trees, I think there may be some special overriding law if you put up solar panels that are blocked by the neighbor's tree.
3   Malcolm   2018 Apr 27, 1:53pm  

The opinion given is a little different than the article. I'm reasonably sure that you are allowed to trim branches. Obviously, if a tree is growing across a property line it belongs to both neighbors. That is not the same as losing property, which actually can happen with fences and walls.
4   tovarichpeter   2018 Apr 27, 2:00pm  

The opinion given is a little different than the article. I'm reasonably sure that you are allowed to trim branches. Obviously, if a tree is growing across a property line it belongs to both neighbors. That is not the same as losing property,

“The lesson to be learned here probably is that one property owner usually cannot take unilateral action which might injure a boundary line tree, and probably also that one should always exercise caution in dealing with or doing things which might injure a neighbor’s tree, whether the issue is the trimming of encroaching branches...”


...that is not the same as losing property.

It is certainly the same as losing the right to put a fence around your property which I think most people would consider a loss of property.
5   tovarichpeter   2018 Apr 27, 2:16pm  

As far as neighbor trees, I think there may be some special overriding law if you put up solar panels that are blocked by the neighbor's tree.

“... in the United States, there is no easement for light, so if a tree causes shade or blocks a view, that is not considered in itself a nuisance.”
6   georgeliberte   2018 Apr 27, 2:32pm  

“The lesson to be learned here probably is that one property owner usually cannot take unilateral action which might injure a boundary line tree, and probably also that one should always exercise caution in dealing with or doing things which might injure a neighbor’s tree, whether the issue is the trimming of encroaching branches...”
Does surreptitious Round-Up count?
7   Malcolm   2018 Apr 27, 4:05pm  

tovarichpeter says
“The lesson to be learned here probably is that one property owner usually cannot take unilateral action which might injure a boundary line tree, and probably also that one should always exercise caution in dealing with or doing things which might injure a neighbor’s tree, whether the issue is the trimming of encroaching branches...”


...that is not the same as losing property.

It is certainly the same as losing the right to put a fence around your property which I think most people would consider a loss of property.


Fair point, but both neighbors are losing property to the physical presence of a tree, not to each other. The real point is to figure this stuff out before it becomes a problem. If the tree is rooted or the trunk is on both sides then one neighbor can't go and cut it down. I don't see anything unreasonable about that. Someone can't go and plant a tree on someone else's property, so put a fence up first, then plant all the tree you want on your side. If you are buying a house and want a fence, do it when you buy it.

I only see a real issue with invasive roots. That could lead to a pretty big dispute.
8   rocketjoe79   2018 Apr 27, 4:53pm  

Just chop out a ring around the tree thru the bark down to the wood. Tree dies. Problem solved.
9   Automan Empire   2018 Apr 27, 4:54pm  

Calling out OP for posting a headline and text that is not supported by the linked article. Leave that shit to Breitbart and Fox.

Also, this appears at the bottom of the article.

The contents of this Article do not constitute legal advice or create an attorney-client relationship, and you may not rely on it without seeking legal advice regarding your particular situation and contract from a competent government contracts lawyer or public works contract attorney. Please also note that statutes and case law are frequently changing and these materials may become outdated.
10   Ceffer   2018 Apr 27, 4:57pm  

APOCALYPSEFUCKisShostikovitch says
Extra credit. Plant sweet gums and shackle IHLs to them with long chains.


IHLs covered with gum tree spikey balls. Sounds like the Christmas Tree from Hell.
11   FortWayne   2018 Apr 27, 5:51pm  

Just plant giant cactuses at an angle.
12   Strategist   2018 Apr 27, 6:18pm  

tovarichpeter says
So, if you don’t like your neighbor, just plant (preferably fast growing) trees along your fence line and you will soon have them at your mercy. This is all now perfectly legal, there is nothing anyone can do to stop you. Btw, if you are thinking of buying a house, this little fact is not mentioned in any of the so-called disclosure documents.


It will eventually show up in the disclosures. Another stupid disclosure to sign.
13   Booger   2018 Apr 27, 6:44pm  

SunnyvaleCA says
since these are "city" trees, so I'm not allowed to cut mine down.
.

I seriously doubt that this type of thing is enforced. If you really hate it, drill some holes in it and periodically fill them with roundup concentrate.
14   tovarichpeter   2018 Apr 27, 8:19pm  

In CA trees enjoy more rights and protection than people. It is very easy to evict a person in CA but almost impossible to evict a tree.
15   Shaman   2018 Apr 28, 4:41am  

SunnyvaleCA says
Anyway, my whole street has sweet gums between the sidewalk and street. They are now 50+ years old and pushing up the sidewalk, breaking into the sewage


Just poison them. Once they are dead, you can call the city to come and remove them.
16   tovarichpeter   2018 Apr 28, 9:26am  

Calling out OP for posting a headline and text that is not supported by the linked article. Leave that shit to Breitbart and Fox.

Also, this appears at the bottom of the article.

The contents of this Article do not constitute legal advice or create an attorney-client relationship, and you may not rely on it without seeking legal advice regarding your particular situation and contract from a competent government contracts lawyer or public works contract attorney. Please also note that statutes and case law are frequently changing and these materials may become outdated.


Please cite case law that supports your claim this citatation is inaccurate. Otherwise I’m giving you four Pinocchio’s.
17   RWSGFY   2018 Apr 28, 9:33am  

Empty a bag af salt at your side of the fence. Spray with a garden hose generously. Done.
18   RWSGFY   2018 Apr 28, 9:42am  

tovarichpeter says
In CA trees enjoy more rights and protection than people. It is very easy to evict a person in CA but almost impossible to evict a tree.


Figures. We are, after all, suffering from deforestation and overpopulation. Not the other way around.
19   tovarichpeter   2018 Apr 28, 10:42am  

Actually CA ranks 17 in population density of U.S. states. There is a difference between overpopulation and a housing shortage in which CA probably ranks first.

Any deforestation in CA is a direct result of Suburban Sprawl which was promoted by the No Growrg NIMBY Sierra Club crowd

Edson salt is a good idea.
20   tovarichpeter   2018 Apr 28, 10:48am  

WarrenTheApe says
This goes against established precedent Expect this to be overturnef


Actually this is the precedent. It was a decision made in 1994 in Booksa v Patel and it has not been overturned.
21   RWSGFY   2018 Apr 28, 11:25am  

tovarichpeter says
Any deforestation in CA is a direct result of Suburban Sprawl which was promoted by the No Growrg NIMBY Sierra Club crowd


Nope, the sprawl goes into pastures and farmland. (Where the forests used to be 100 years ago).Then people add trees. So building a subdivision in place of some East Bay ranch does add a lot of trees where otherwise would be none.

Nobody clear-cuts any forests to build houses in CA.
22   just_passing_through   2018 Apr 28, 11:35am  

Crazy but I'm sure it's true...

When I was in Redwood City my neighbor was almost arrested because she kept pruning her trees. She wanted them, "To look like your bonsai!". I think she would have been if not for the fact that she was insane. Cops swarmed her property that's for sure. I could see into her backyard from the deck of the upstairs duplex I was renting. She lived in the detached garage out back and showered on the lawn with a garden hose. The older black couple originally from East Palo Alto living in her house were there rent-free because they'd sued her (she was Mexican national) for making racist comments and that was part of the settlement. Good times.

http://www.redwoodcity.org/departments/community-development-department/planning-housing/planning-services/tree-preservation-maintenance/tree-permits

Violation of this ordinance is subject to penalties. The fine for illegally pruning a tree is $500 per tree. The fine for illegal removal or destruction of a tree is $500 per tree, plus requires planting a replacement tree (as designated by city staff), equaling the appraised value of the original tree on the property. The fine for failure to comply with a condition of the permit is $500 plus any mitigation costs towards compensating for the value loss of the tree. An ordinance violation could also be prosecuted as a misdemeanor. The penalty for a misdemeanor is up to a $1,000 fine and 6 months in jail.

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